Other rights of individuals

16Unfair dismissal of striking workers

17Collective agreements: detriment and dismissal.

(1)The Secretary of State may make regulations about cases where a worker—

(a)is subjected to detriment by his employer, or

(b)is dismissed,

on the grounds that he refuses to enter into a contract which includes terms which differ from the terms of a collective agreement which applies to him.

(2)The regulations may—

(a)make provision which applies only in specified classes of case;

(b)make different provision for different circumstances;

(c)include supplementary, incidental and transitional provision.

(3)In this section—

“collective agreement” has the meaning given by section 178(1) of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992; and

“employer” and “worker” have the same meaning as in section 296 of that Act.

(4)The payment of higher wages or higher rates of pay or overtime or the payment of any signing on or other bonuses or the provision of other benefits having a monetary value to other workers employed by the same employer shall not constitute a detriment to any worker not receiving the same or similar payments or benefits within the meaning of subsection (1)(a) of this section so long as—

(a)there is no inhibition in the contract of employment of the worker receiving the same from being the member of any trade union, and

(b)the said payments of higher wages or rates of pay or overtime or bonuses or the provision of other benefits are in accordance with the terms of a contract of employment and reasonably relate to services provided by the worker under that contract.

except where in relation to Northern Ireland the person in question is dismissed in circumstances in which, by virtue of Article 240 of that Order (fixed term contracts), Part XI does not apply to the dismissal.”

except where in relation to Northern Ireland the employee is dismissed in circumstances in which, by virtue of Article 240 of that Order (fixed term contracts), Part XI does not apply to the dismissal.”

(6)Section 197(1) of the [1996 c. 18.] Employment Rights Act 1996 does not prevent Part X of that Act from applying to a dismissal which is regarded as unfair by virtue of section 99 or 104 of that Act (pregnancy and childbirth, and assertion of statutory right).

19Part-time work: discrimination

(1)The Secretary of State shall make regulations for the purpose of securing that persons in part-time employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than persons in full-time employment.

(2)The regulations may—

(a)specify classes of person who are to be taken to be, or not to be, in part-time employment;

(b)specify classes of person who are to be taken to be, or not to be, in full-time employment;

(c)specify circumstances in which persons in part-time employment are to be taken to be, or not to be, treated less favourably than persons in full-time employment;

(d)make provision which has effect in relation to persons in part-time employment generally or provision which has effect only in relation to specified classes of persons in part-time employment.

(b)create criminal offences in relation to specified acts or omissions by an employer, by an organisation of employers, by an organisation of workers or by an organisation existing for the purposes of a profession or trade carried on by the organisation’s members;

(c)in specified cases or circumstances, extend liability for a criminal offence created under paragraph (b) to a person who aids the commission of the offence or to a person who is an agent, principal, employee, employer or officer of a person who commits the offence;

(d)provide for specified obligations or offences not to apply in specified circumstances;

(e)make provision about notices or information to be given, evidence to be produced and other procedures to be followed;

(f)amend, apply with or without modifications, or make provision similar to any provision of the [1996 c. 18.] Employment Rights Act 1996 (including, in particular, Parts V, X and XIII) or the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992;

(g)provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified;

(a)in England and Wales, a course of a description referred to in Schedule 6 to the [1988 c. 40.] Education Reform Act 1988 or Schedule 2 to the [1992 c. 13.] Further and Higher Education Act 1992;

(b)in Scotland, a course or programme of a description mentioned in or falling within section 6(1) or 38 of the [1992 c. 37.] Further and Higher Education (Scotland) Act 1992;

(c)in Northern Ireland, a course of a description referred to in Schedule 1 to the [S.I. 1997/1772 (N.I. 15).] Further Education (Northern Ireland) Order 1997 or a course providing further education within the meaning of Article 3 of that Order.”

23Power to confer rights on individuals

(1)This section applies to any right conferred on an individual against an employer (however defined) under or by virtue of any of the following—

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